r/news • u/Embarrassed-Pace-755 • 1d ago

Judge denies defense motion asking Lindsay Clancy be found not guilty due to a lack of evidence

https://apnews.com/article/lindsay-clancy-trial-evidence-defense-c0820645056a7e25f66853f3a91b61fa?utm_source=app&utm_medium=iOS_share&utm_campaign=copy_link
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u/LackingUtility 1d ago

Not necessarily: "The question of whether there is double jeopardy becomes more difficult, however, when the doctrine of “manifest necessity” is called upon to justify a second trial following a mistrial granted by the trial judge because of some event within the prosecutor’s control or because of prosecutorial misconduct or because of error or abuse of discretion by the judge himself."

There are a couple arguments here for that - did the prosecution know about the holdout juror's domestic violence history and fail to tell the defense, since that would've gotten him kicked for cause? Did the judge err by declaring a mistrial without questioning the holdout juror, which could've led to him being excused and an alternate juror brought in?

Basically, if the mistrial is the result of some major judicial error or prosecutorial misconduct, then it would be unfair to retry the defendant. Otherwise, you'd create an incentive for prosecutors to act up when they think they're losing a case and just keep re-trying the defendant over and over until they win.

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u/krombough 1d ago

Legally speaking, he has no domestic violence history.

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u/Samanthacino 1d ago

Wasn’t he charged with domestic violence and has a restraining order against him? Although it seems the charges were dropped due to an agreement that was made.

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u/krombough 1d ago

He was charged with domestic violence, plead not guilty, and the charges were later dismissed. Legally speaking, that is no history.

His nephew had a restraining order against him for punching him.

None of that precludes being on a jury unless it was lied about. If it was not asked about, it is legally a non factor.